apply visa with a criminal record in Australia

[silly]

I'm an international student in Australia. But i did stupid things, so i maybe i'll get a criminal record for being caught 2 times for shoplifting this month. I'm affraid that i can't continue my study in here. So, i have plan to continue my study in US or Canada. I'm wondering will the US immigration officer in my country will check and find out that i have a criminal record in Australia even if i apply the visa from my country? Which country (between US or Canada) is easier or bigger possibilty to get a student visa? I really want to continue my study overseas. Any advice is very appreciated.

 

[trooper]

I would imagine a criminal record would be a problem no matter which way you went... then again shoplifting may not lead to that anyway -although the multiple offence aspect is... worrying....

..but more than worrying it seems inexplicable. Someone who can afford to study overseas.. shoplifts?

Excuse me for wondering if this is some sort of compulsive behaviour...

 

[JetLagged]

There has been a number of similar enquiries in this matter - suggested you look at other threads.

Generally speaking, visa requests require you to answer whether you have ever been convicted of a criminal offence i.e. one that is an official record, rather than a case proven but no conviction recorded. The sort of offences for which would case the most concern are those of moral turpitude - however, as trooper has commented, the fact that you have been charged twice for the same offence is definitely NOT going to look good - especially in places such as the US.

 

[russ]

You were caught twice in a month?
How many other times did you get away with it?

 

[straitman]

I'm an international student in Australia. But i did stupid things, so i maybe i'll get a criminal record for being caught 2 times for shoplifting this month. I'm affraid that i can't continue my study in here. So, i have plan to continue my study in US or Canada. I'm wondering will the US immigration officer in my country will check and find out that i have a criminal record in Australia even if i apply the visa from my country? Which country (between US or Canada) is easier or bigger possibilty to get a student visa? I really want to continue my study overseas. Any advice is very appreciated.

silly,

Welcome to AFF.

What concerns me is the implication in your post that you will lie to get into the USA or Canada. My apologies if I'm reading it wrong.

Whichever country you apply to they will ask about any criminal record.

 

[icebox]

It depends on the crime you've done. You might want to try canada besides from US since US restricts entry from other countries today. so going to Canada is much easier.

 

[Maca44]

There has been a number of similar enquiries in this matter - suggested you look at other threads.

Generally speaking, visa requests require you to answer whether you have ever been convicted of a criminal offence i.e. one that is an official record, rather than a case proven but no conviction recorded. The sort of offences for which would case the most concern are those of moral turpitude - however, as trooper has commented, the fact that you have been charged twice for the same offence is definitely NOT going to look good - especially in places such as the US.

When applying to travel the USA the words used are charged OR convicted, so even if a person has been charged they should apply for a visa. I say should, because my brother was charged with assault many years ago and has always said 'no' when he enters the US. Something I would not risk.

 

[Lawlass]

I have a couple of minor convictions... though more major than shoplifting... and I've never had an issue travelling to the States. IIRC, they ask if you have been convicted of a crime the potential sentence for which is in excess of X years.

Edit: just realised someone resurrected this post from February :shock:

 

[serfty]

... IIRC, they ask if you have been convicted of a crime the potential sentence for which is in excess of X years. ...

The USA visa/waiver process is fare more intrusive than that, no conviction required:

...

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? ...

https://esta.cbp.dhs.gov/esta/application.html?execution=e1s3

 

[Replicant68]

Here's a slight variation on that case at the start of this thread:

I've got a criminal record (a single, very minor offense - only suspended fine but still a conviction recorded) and have visited the US a number of times and have had to go thru the hoops to get the US visa. My last visa, now expired, says "NOT CIMT" - ie, not crime involving moral terpitude.

Because of the spent conviction scheme, I now don't have to disclose that old conviction to anyone. In fact, I've just been negative vetted for my government position - the criminal record check returned nothing.

Now, because the US KNOW about my criminal past, should I be declaring it? On the electronic form, I think not because it's already once been assessed as "NOT CIMT", it's a spent convicton, and the electronic form seems to exclude it anyway.

Comments?

-Replicant68